Posted on September 17, 2010 by Federal Disability Retirement Attorney

In preparing a Federal or Postal Disability Retirement application under FERS or CSRS, there are often multiple collateral issues which arise: Harassment issues; Unequal Treatment; EEOC issues; Hostile Workplace issues; Discrimination issues; and multiple other issues which may or may not be viable complaints. Such complaints have their proper place, in the proper forum, within the proper context. As I have written multiple times previously on this issue — these employment issues should be avoided in the context of preparing for and filing a Federal Disability Retirement application.

Many of these employment complaints may be viable ones to pursue; some may be pursued concurrently while seeking Federal Disability Retirement benefits under FERS or CSRS, and will not ultimately defeat or impact such an application (remember that in law, not only can an attorney speak out of three or four sides of his mouth; one is also allowed to make contradictory legal arguments at the same time).

The point is that such collateral arguments and issues should not be a part of the application itself. It may be fine to pursue such workplace issues in a separate and different forum — just not in the process of a Federal Disability Retirement application. If the issue is brought up, the Office of Personnel Management may well use it against you, stating, “Your medical conditions seem to occur as a result of your allegation of the actions of your Supervisor. As such, you suffer merely from situational disability.” Case denied.

Seven False Myths about OPM Disability Retirement

1) I have to be totally disabled to get Postal or Federal disability retirement.
False: You are eligible for disability retirement so long as you are unable to perform one or more of the essential elements of your job. Thus, it is a much lower standard of disability.

2) My injury or illness has to be job-related.
False: You can get disability even if your condition is not work related. If your medical condition impacts your ability to perform any of the core elements of your job, you are eligible, regardless of how or where your condition occurred.

3) I have to quit my federal job first to get disability.
False: In most cases, you can apply while continuing to work at your present job, to the extent you are able.

4) I can't get disability if I suffer from a mental or nervous condition.
False: If your condition affects your job performance, you can still qualify. Psychiatric conditions are treated no differently from physical conditions.

5) Disability retirement is approved by DOL Workers Comp.
False: It's the Office of Personnel Management (OPM) the federal agency that administers and approves disability for employees at the US Postal Service or other federal agencies.

6) I can wait for OPM disability retirement for many years after separation.
False: You only have one year from the date of separation from service - otherwise, you lose your right forever.

7) If I get disability retirement, I won't be able to apply for Scheduled Award (SA).
False: You can get a Scheduled Award under the rules of OWCP even after you get approved for OPM disability retirement.